Copeland v. State (Glaze, J.) CR00-481

Evidence -- Defense of mental disease or defect must be presented at earliest practicable time; allowing witness to read written victim-impact statement not error; appellant given opportunity to cross-examine witness; motion to suppress denied; no error found. [HTML, WP5.1]

Etoch v. State (Imber, J.) 00-573

Contempt -- Criminal contempt; appellant was entitled to jury trial; reversed & remanded. [HTML, WP5.1]

Johnson v. State (Corbin, J.) CR00-756

Criminal law -- Disorderly conduct; trial court did not err in finding sufficient evidence that appellant's behavior constituted "fighting words"; evidence was sufficient to support finding of guilt under Ark. Code Ann. § 5-71-207(a)(1) & (2). [HTML, WP5.1]

McCullough v. Norris (Per Curiam) 00-732

Appeal & error -- Pro se motion to file bleated brief denied. [HTML, WP5.1]

Pike Ave. Dev. Co. v. Pulaski County, Arkansas (Glaze, J.) 00-948

Statutes -- Appeal from county court order; no public policy reason for six-month period to appeal; property-adjustment actions; not recognized as special proceedings; thirty-day appeal requirement of Inferior Court Rule 9 is both mandatory & jurisdictional. [HTML, WP5.1]

Ramirez v. White County Circuit Court (Hannah, J.) 00-827

Prohibition, writ of -- No appeal from denial of motion for summary judgment; petition for writ of prohibition proper; wrongful-death action brought by fewer than all heirs; writ granted. [HTML, WP5.1]

St. Paul Fire & Marine Ins. Co. v. Murray Guard, Inc. (Brown, J.) 99-515

Insurance -- Insurance company's entitlement to subrogation; receipt of premiums does not militate against; trial court erred in refusing to allow appellant to enforce right to equitable subrogation; reversed & remanded. [HTML, WP5.1]

Stuart v. Arkansas Well Water Constr. Comm'n (Imber, J.) 00-840

Appeal & error -- Abstracting requirements; agency findings of fact & conclusions of law are essential elements.commission's rulings affirmed where abstract did not contain all necessary information. [HTML, WP5.1]

Vanesch v. State (Hannah, J.) CR00-664

Juveniles -- Finding of delinquency not equivalent to conviction; cannot be used for sentence enhancement under habitual-offender law; trial court's admission of appellant's prior juvenile delinquency adjudication error; reversed & remanded for resentencing. [HTML, WP5.1]

In Re: Arkansas Code Revision Comm'n (Per Curiam) [HTML, WP5.1]

In Re: Jacobs (Per Curiam) [HTML, WP5.1]

In Re: Torrence (Per Curiam) [HTML, WP5.1]

Davis v. State, CR 00-899 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment dismissed January 18, 2001. [HTML, WP5.1]

Hale v. State, CR 00-774 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; Pro Se Motion to Dismiss Appeal granted January 18, 2001. [HTML, WP5.1]

MacKintrush v. State, CR 99-952 (Per Curiam), Pro Se Motion to File Over-Length Substituted Brief moot; Pro Se Motion to Supplement Record and Petition for Writ of Certiorari denied; Pro Se Motion for Extension of Time to File Substituted Brief granted January 18, 2001. [HTML, WP5.1]

Rychtarik v. State, CR 00-968 (Per Curiam), Pro Se Motion for Belated Appeal of Postconviction Order denied January 18, 2001. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-481. Joe Michael Copeland v. State of Arkansas, from Sevier Circuit. Affirmed. Imber, J., concurs in part; dissents in part. Hannah, J., not participating. (8 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

00-948. Pike Avenue Development Co., Inc. v. Pulaski County, Arkansas; Floyd G. Villines, III, Pulaski County Judge; and B.A. "Mac" McIntosh, Pulaski County Assessor, from Pulaski Circuit, Third Division. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

D0NALD L. CORBIN, JUSTICE:

CR00-756. Chon Lenell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Brown and Imber, JJ., concur. Hannah, J., not participating. (7 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-515. St. Paul Fire & Marine Insurance Company v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Reversed and Remanded. Special Justices Joseph P. Mazzanti, III, and Frank H. Bailey join. Glaze and Imber, JJ., not participating. (12 PAGES PUBLISHED)\ [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-840. Johnny Stuart v. Arkansas Well Water Construction Commission, from Lawrence Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

00-573. Louis Etoch v. State of Arkansas, from Fulton Circuit. Reversed and Remanded. Thornton, J., dissents. Hannah, J., not participating. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-664. Josh Vanesch v. State of Arkansas, from Van Buren Circuit. Trial Court Affirmed in Part and Reversed and Remanded in Part; Court of Appeals Affirmed in Part and Reversed in Part. (11 PAGES PUBLISHED) [HTML, WP5.1]

00-827. Dr. Raul Ramirez and Beverly Enterprises v. White County Circuit Court, from White Circuit. Writ of Prohibition Granted. (10 PAGES PUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Hannah, J., not participating.

00-655. Carl Rodgers et al. v. CWR Construction, Inc., from White Circuit. Hannah, J., not participating.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR00-1442. Christopher Dootson v. State of Arkansas, from Benton Circuit.

00-1362. Jim Gallion v. Nationwide Insurance Company, from Craighead Circuit, Western District.

00-1386. Sarah Ellison v. Therma Tru, from Workers' Compensation Commission.

00-1440. Superior Industries et al. v. William Thomaston, from Workers' Compensation Commission.

00-1446. Northwest Arkansas Recovery, Inc. et al. v. Tom Lockhart, from Washington Circuit.

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CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for stay of mandate pending writ of certiorari to the United States Supreme Court. Granted 90 days. Glaze and Corbin, JJ., would deny. Hannah, J., not participating.

CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Appellee's motion for extension of time to return writ of certiorari is granted.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal. Motion to be submitted with case.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellant's motion for additional time to file brief is granted.

CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to stay brief time is granted.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion to stay briefing schedule is denied. Appellant allowed 30 day extension to file brief.

CR01-7. Devin Jones v. Honorable John W. Langston, Judge, from Pulaski Circuit, Fourth Division. Petition for temporary and permanent writs of prohibition is denied without prejudice.

00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha, from Pulaski Circuit, Sixth Division. Motion for oral argument is denied.

00-1014. Committee on Professional Conduct v. Patricia Dianne Jacobs, an Original Action. Petition for reciprocal disbarment is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-1015. Committee on Professional Conduct v. Kenneth Gerald Torrence, an Original Action. Petition for reciprocal disbarment is granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1212. Alan Palmer v. Melvin Palmer, from Polk Chancery. Motion to certify appeal for transfer is denied.

CR99-952. Walter MacKintrush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to file over-length substituted brief, to supplement record, and for extension of time to file substituted brief and petition for writ of certiorari. Motion to file over-length substituted brief moot; motion for extension of time to file substituted brief granted; motion to supplement record and petition for writ of certiorari denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-774. Billy Ray Hale v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for extension of time to file brief and to dismiss appeal. Motion to dismiss appeal granted; motion for extension of time to file brief moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-899. Richard Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for belated appeal of judgment. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-968. James Earl Rychtarik v. State of Arkansas, from Cleburne Circuit. Pro se motion for belated appeal of postconviction order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-732. Walter McCullough v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to file belated reply brief. Motion denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Code Revision Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The following persons are reappointed to the Arkansas Code Revision Commission: William H. Sutton, Esq., of Little Rock, Arkansas; James H. McKenzie, Esq., of Prescott, Arkansas; and Douglas O. Smith, Jr., Esq., of Fort Smith, Arkansas. The Court thanks them for accepting reappointment to this Commission. Each appointment is for a term to end November 7, 2003.

PETITIONS FOR REVIEW:

CR00-1479. Jack Blagg, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District.

00-1469. Elizabeth Hogan v. Brenda Holliday, from Union Circuit.

00-1484. Jay B. Breslau et al. v. Mitchell S. McAlister, M.D. and Northwest Arkansas Clinic for Women, from Washington Circuit.

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CR99-492. Robert Gordon v. State of Arkansas, from Marion Circuit. Appellant's motion to advance.

CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Motion to file belated brief and rule on the clerk.

CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Appellee's motion to dismiss appeal.

CR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for extension of time to return writ of certiorari.

CR01-27. Larry Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

01-47. Tri-State Delta Chemicals, Inc. v. Nelson Crow, from Desha Circuit, Arkansas City District. Appellees' motion to dismiss appeal.

00-177. Dr. Chris Culpepper et al. v. The Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Second Division. Argued orally.

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit.

CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit.

CR00-210. Russell Berger v. State of Arkansas, from Faulkner Circuit.

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit.

CR00-500. Glenda Buryl Dyer v. State of Arkansas, from Pike Circuit.

CR00-520. Kenneth Williams v. State of Arkansas, from Jefferson Circuit.